The Supreme Court of the United States, 1968-1969

EACH TERM of the Supreme Court seems to have something to distinguish it from those that have preceded it. With the resignation of Chief Justice Earl effective at the close of the 1968-69 term, this term will remain forever as a milestone for it marked the close of the Warren era as this period has come to be known. Regardless of how the Court moves ideologically in the years to come, it will no longer be the Warren Court. President Nixon named Minnesota-born and educated Earl Burger of the United States Court of Appeals of the District of Columbia to fill the vacancy in the office of Chief Justice. The resignation of Associate Justice Abe Fortas in May gave the newly inaugurated President another vacancy to fill. Clement Furman Haynsworth, Jr., of Virginia, Chief Judge of the Fourth Circuit Court of Appeals was named but the Senate refused confirmation on November 21, 1969. President Nixon then named George Harrold Carswell, a member of the Fifth Circuit Court of Appeals. Chief Justice Burger is from Virginia and Justice Carswell is from Florida. In its work this term the Court again set a new all-time record in cases disposed of with a total of 3,151. In the 1966 and 1967 terms the totals were 2,903 and 2,973, respectively. In each term since that of 1953 the Court has set a new record of cases disposed of except in the 1958 and 1964 terms. The cases remaining on the docket increased to another apparently all-time high of 767 compared with 453 and 613 in the previous two terms respectively. Cases argued were down to 140 as against 180 in the 1967 term and 150 in the 1966 term. Of the cases argued, 116 were disposed of by 99 written opinions and 14 by per curiam opinions. Ten cases were set for reargument. Again the division of labor in the writing of opinions was well-nigh even among the justices. Justice Marshall wrote thirteen opinions. Chief Justice Warren, Justice Douglas, and Justice Brennan each wrote twelve, and they were followed by Justice Black and Justice Stewart with eleven each, and Justice Harlan and Justice White with ten each. Justice Fortas wrote eight. Dissenting opinions totaled 77 by comparison with 79 in the 1967 term and 74 in the term before that. Justice Black with eighteen dissenting opinions displaced Justice Harlan with sixteen as the champion dissenter. They were followed by Justices Stewart (thirteen), Douglas (nine), White (eight), Fortas (six), (four), Marshall (two), and Brennan (one). The Court adjourned on June 23, 1969, the latest date since the June 25 adjournment in 1962

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